G.Ayyanar vs The Joint Registrar Of Co-Op ...
2022 Latest Caselaw 4259 Mad

                                                                                  W.P.No.4832 of 2022

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 04.03.2022

                                                         CORAM:

                                  THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR

                                                 W.P.No.4832 of 2022

                  G.Ayyanar                                                  ... Petitioner

                                                           vs.

                  1.The Joint Registrar of Co-op Societies,
                    Villupuram Region, Villupuram.

                  2.The President,
                    CL.SPL.154, Brammadesam Primary Agricultural
                    Co-op Credit Society Ltd., Brammadesam,
                    Marakkanam Taluk, Villupuram District.                   ... Respondents

                  Prayer: Writ Petition filed under Article 226 of the Constitution of India
                  praying for issuance of a Writ of Mandamus, directing the respondents to
                  consider and pass orders on merits by disposing the written representation
                  made by the petitioner on 29.03.2021 within a stipulated time fixed by this
                  Court.

                                        For Petitioner     : Mr.C.Prakasam

                                        For R1             : Mrs.S.Anitha
                                                             Special Government Pleader




                  1/5
https://www.mhc.tn.gov.in/judis
                                                                                  W.P.No.4832 of 2022

                                                      ORDER

This writ petition has been filed for issuance of a Writ of Mandamus

directing the respondents to consider and pass orders on the representation

dated 29.03.2021 made by the petitioner.

2. The case of the petitioner in brief:

The petitioner herein was appointed as a Salesman in 2nd respondent

society on 09.11.1987. During his service as salesman, the 2nd respondent

committed some irregularities in the society and the petitioner had questioned

the same and not cooperated with the misappropriation. Hence, the 2nd

respondent threatened the petitioner and obtained resignation letter from him

on 01.01.2004. Thereafter, the petitioner fall into mental illness for several

years and then he made a representation to the respondents on 29.03.2021

seeking reappointment, by considering his illness as well as the appointment

made to the similarly placed employees. But, no actions were taken. Hence

this writ petition.

3. The petitioner has admitted the fact that he has given resignation

letter on 01.01.2004. But his contention is that, he had resigned the job due

https://www.mhc.tn.gov.in/judis W.P.No.4832 of 2022

force and coercive act of the then Special Officer. It is to be noted that after

resignation, the petitioner has not taken any steps to allege about the force

and coercive by the then Special Officer. Now the petitioner made a

representation on 29.03.2021 for reinstatement and continuity of service,

belatedly, nearly more than 18 years. Therefore, there is no iota of truth to

accept the contentions of the petitioner and to reconsider the claim of the

petitioner for reinstatement in service. Further, the writ petition filed against

the Co-operative Society is not maintainable in the light of the larger bench

judgment of this Court in K.MARAPPAN VS. DEPUTY REGISTRAR OF

CO-OPERATIVE SOCIETY, NAMAKKAL reported in 2006 (4) CTC 689.

Therefore, the petitioner has not made out any prima facie case and hence,

the petition is liable to be dismissed.

4. Accordingly, the writ petition stands dismissed. No costs.

                                                                                            04.03.2022

                  Index           : Yes / No
                  Internet        : Yes / No
                  ata/mst





https://www.mhc.tn.gov.in/judis
                                                                   W.P.No.4832 of 2022

                  To

1.The Joint Registrar of Co-op Societies, Villupuram Region, Villupuram.

2.The President, CL.SPL.154, Brammadesam Primary Agricultural Co-op Credit Society Ltd., Brammadesam, Marakkanam Taluk, Villupuram District.

https://www.mhc.tn.gov.in/judis W.P.No.4832 of 2022

D.KRISHNAKUMAR. J

ata/mst

W.P.No.4832 of 2022

04.03.2022

https://www.mhc.tn.gov.in/judis